Is deference owed to the motion judge on appeal?
Ontario, Canada
The following excerpt is from Nagpal v. IBM Canada Ltd., 2021 ONCA 274 (CanLII):
There is no dispute that deference is owed to the motion judge on appeal. Whether or not there is a genuine issue requiring trial is a question of mixed fact and law. Absent an error in principle or an error with regard to a purely legal question, the motion judge’s findings should be overturned only where there is palpable and overriding error: Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, at paras. 80-84.
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